Partition Actions in Union City
Union City is a city located in the San Francisco Bay Area of California. It is situated in the eastern part of Alameda County, between Hayward and Fremont. Union City is the most populous city in the Tri-City area. The city is known for its diverse population, with over 50% of its residents being foreign-born. Union City is home to many parks, trails, and open spaces, as well as a variety of shopping and dining options. The city is also home to the Union Landing Shopping Center, which features a variety of stores and restaurants. Union City is a great place to live, work, and play.
According to Zillow, the median home value in Union City, California is $717,400 as of 2021. As of 2020, the population of Union City, California is estimated to be 79,917.
Experienced Real Estate Partition Action Attorneys Serving Union City
Talkov Law’s attorneys serving Alameda County are exceptionally experienced in the area of California partition actions. A California partition action is a law that allows co-owners of real property to divide the property among themselves. The partition statutes provide a legal mechanism for co-owners to divide the property without having to go through the court system. The partition statutes allow co-owners to divide the property either by agreement or by court order. If the co-owners cannot agree on how to divide the property, then the court will divide the property in a way that is fair and equitable to all parties. The partition statutes also provide that any partition of the property must be in accordance with the laws of the state of California. The legal effect is that these statutes provide a legal mechanism for co-owners to divide their property without having to go through the court system.
Our team of partition attorneys can assist co-owners with frequently asked questions about partitions, such as:
- Can a minority owner force the sale of a property? There is no requirement for a majority vote for partition. Rather, an co-owner of any interest in property can force the sale.
- Can I still file a partition if my co-owner has filed for bankruptcy? Yes, the partition action can generally be filed in the bankruptcy court or the bankruptcy court can apply state partition law to allow offsets when the co-owned property is sold by the bankruptcy trustee.
- How long will it take to get the property partitioned and sold? Most commonly, 3 to 6 months is all that it takes for the defendant to agree to a sale or buyout the plaintiff’s interest in the property for a fair value. Some cases may take 6 to 12 months.
- What are the different types of partition in California? Almost all partition actions are partition by sale, though partition in-kind allows the property to be divided, while a partition by appraisal allows the purchase by one-co-owner at an appraised value.
- How much does a partition action cost? The cost of a partition action can vary widely depending on the complexity of the case. A typical partition action usually costs between $5,000 and $12,000, with about $8,000 being the most common cost. However, difficulty locating a defendant, the motion to appoint a partition referee, delay tactics by defendants, and other issues may raise the cost of your partition action. An experienced partition lawyer can mitigate costs and resolve your co-ownership dispute with maximum efficiency.
Kipp v. Kipp – Partition Action Case Study
In the legal case of Kipp v. Kipp, 42 Cal.2d 724 (1954), the issue was whether a partition of real property could be made without the consent of all the owners. The plaintiff, Mrs. Kipp, owned a one-third interest in a parcel of real property with her two sons, who owned the remaining two-thirds interest. Mrs. Kipp sought to partition the property, but her sons refused to consent. The court held that a partition of real property could be made without the consent of all the owners, provided that the partition was made in good faith and was fair and equitable to all parties. The court also held that the partition should be made in such a way as to minimize the economic loss to the non-consenting owners.
Contact our Team of Experienced Partition Lawyers Serving the City of Union City in the County of Alameda, California.
Our partition litigation attorneys will work diligently to obtain a favorable outcome on your behalf, whether by negotiation or litigation. Call the experienced real estate partition attorneys at Talkov Law at (510) 999-3300 or contact us online for a free consultation about your co-ownership issues.